1. The Defendant’s KRW 24,108,00 for the Plaintiff and 5% per annum from July 17, 2015 to June 2, 2016.

1. Facts of recognition;

A. On December 2014, the Plaintiff owned the 4th floor building in Gwanak-gu in Seoul Special Metropolitan City and operated the “D Child Care Center” was awarded a contract to the Defendant for the remodeling of the Child Care Center.

At the time the defendant's denial was a child-care center teacher, the plaintiff and the defendant did not prepare a construction contract.

The Plaintiff paid KRW 150 million to the Defendant from December 31, 2014 to April 24, 2015 as construction price.

B. On September 14, 2015, the Plaintiff was subject to a non-performance penalty of KRW 2,040,000 on the fourth floor from the Gwanak-gu Office on the part of the fourth floor and KRW 4,080,00 on the part of the fifth floor, without filing a construction report, and the costs incurred in the removal of the part in violation of the Building Act and reconstruction are KRW 28,320,00 in total.

[Ground of recognition] Partial disputes, Gap evidence 1-1 to Gap evidence 7, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff’s assertion that the Defendant violated the Building Act while carrying out the instant construction project constitutes a nonperformance or tort in violation of the instant construction contract. Accordingly, the Defendant is obligated to pay 28,320,000 won for the removal and reconstruction expenses, a total of KRW 6,120,000 for enforcement fines, 10,000 for consolation money, and KRW 44,440,000 for damages to the Plaintiff (the price of the building was lowered as the entire building was found to be illegal building and the sale or lease was impossible, and the amount of consolation money for mental damages caused by a significant obstacle to the normal management of the childcare center). Accordingly, the Defendant is obliged to pay 4,440,000 won to the Plaintiff and damages for delay.

B. The Defendant’s assertion that the Plaintiff contracted the instant construction to the Defendant, demanding the Defendant to build the 4th floor in the form of a double-story, and the Defendant must obtain authorization from the competent authority.